Council of State (Portugal)

Although there are notices about the existence of a Council of State in Portugal before 1385, the first permanent regiment for its functioning was established by King Sebastian through his charter of 8 September 1569.

The Council of State continued to exist after the establishment of the Constitutional Monarchy in 1821. It was foreseen in the Portuguese Constitutions of 1822, 1826 and 1838.

After the 5 October 1910 revolution that established the Republic in Portugal, the Council of State was abolished, not being foreseen in the Constitution of 1911.

The Council of State was reestablished by the Constitution of 1933. It was again not foreseen by the Constitution of 1976. However, it was reestablished in 1984, following the revision of the Constitution of 1982.

Besides summoning and advising the President whenever asked to do so by him/her, according to the Constitution the Council must be summoned by the President before:[1]

• dissolving the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
• declaring war and making peace, and
• removing the Government.

It must also be summoned by the acting President before:

• setting the date for any election;
• calling an extraordinary sitting of the Parliament;
• appointing the Prime Minister;
• appointing and discharging, upon a proposal from the Govt., the President of the Court of Auditors, the Attorney General and the Chief of the General Staff of the Armed Forces (CGSAF);
• appointing and discharging, upon a proposal from the Govt. and after consulting the CGSAF, an eventual Deputy Chief of the General Staff of the Armed Forces and the Chiefs of Staff of the three armed services;
• exercising the functions of Commander-in-Chief of the Armed Forces;
• appointing ambassadors and extraordinary envoys (upon a proposal from the Govt.), and
• accrediting foreign diplomatic representatives.

According to article 142 of the Constitution, the Council is composed of the following members:[1][2]

• Ex officio members:
  • President of the Portuguese Republic (chair the Council)
  • President of the Assembly of the Republic
  • Prime Minister
  • President of the Constitutional Court
  • Ombudsman
  • President of the Azores Regional Government
  • President of the Madeira Regional Government
  • Former elected Presidents of the Republic
• Five members elected by the Assembly of the Republic
• Five members designated by the President of the Republic

Members of the Council are immune from prosecution: they may not be brought before a court of law without prior agreement of the Council to lift their immunity or they are no longer serving on the Council.